CLA-2-54:RR:NC:TA:352 J82297

Ms. Nohemy Valdivieso
Nohemy Customs Brokers, Inc.
11222 La Cienega Boulevard, Suite 135
Inglewood, CA 90304

RE: The tariff classification of a bleached polyester double woven fabric from Korea.

Dear Ms. Nohemy:

In your letter dated March 10, 2003, on behalf of your client Superba, Inc., you requested a classification ruling.

The submitted sample is a bleached double woven fabric. Laboratory analysis indicates that this product is composed of 52.1% filament polyester and 47.9% staple polyester. It contains 61.8 warp ends per centimeter and 17.7 filling picks per centimeter. Weighing 364.2 g/m2, this fabric will be imported in 102 centimeter widths. This item has been buffed or sanded on both sides creating a dense fibrous surface. Although the fabric is woven with filament yarns the subsequent buffing operation which created the napped surfaces have broken the fiber in a portion of the yarns creating a fabric composed in part of filament yarns and in part of staple fiber yarns.

The applicable subheading for the woven fabric will be 5407.91.20.90, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404, other fabrics, unbleached or bleached, other, other, other. The duty rate will be 15.1 percent ad valorem.

This fabric falls within textile category designation 629. Based upon international textile trade agreements products of Korea are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Alan Tytelman at 646-733-3045.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division